P-2(a)-Cri-Apln-3109-2026.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3109 OF 2026 IN CRIMINAL APPEAL NO. 618 OF 2026 AAYAN WAYID KHATIK VERSUS THE STATE OF MAHARASHTRA AND ANOTHER .… Mr. Shaikh Mazhar A. Jahagirdar, Advocate for Applicant Mr. S. D. Ghayal, APP for Respondent - State .… CORAM : ABHAY S. WAGHWASE, J. DATE : July 31, 2026 PER COURT :- 1. Not on board. Upon mentioning, taken on board. 2. This is an application for suspension of sentence and grant of bail in consequent to the judgment and order of conviction recorded by learned Designated Judge under Protection of Children from Sexual Offences Act, 2012 at Jalgaon District Jalgaon in Special Case No.160 of 2020 dated 14.07.2026. 3. Learned counsel for the applicant submits that the applicant was tried vide above sessions case and came to be 1 of 3 2026:BHC-AUG:32584 (( 2 )) P-2(a)-Cri-Apln-3109-2026 convicted by above judgment and order for the offence under Section 12 of POCSO Act. Sentence awarded is maximum six months and pay fine. Fine amount is paid. According to him, applicant was on bail during trial. As appeal is of 2026, as much more time is required to hear the appeal, relief of suspension of sentence and grant of bail is urged for. 4. Learned APP opposed on the ground that on full fledged trial conviction has been recorded. 5. After considering the above submissions, taking into account sentence of six months and that appeal being 2026, may not be heard in near future, relief as prayed deserves to be granted. Hence, the following order:- O R D E R (i) Criminal Application stands allowed. (ii) The substantive sentence imposed on the applicant Aayan Wayid Khatik by the learned Designated Judge under Protection of Children from Sexual Offences Act, 2012 at Jalgaon, District Jalgaon in Special Case No. 160 of 2020 dated 14.07.2026 stands suspended till final hearing and disposal of Criminal Appeal No.618 of 2026. 2 of 3 (( 3 )) P-2(a)-Cri-Apln-3109-2026 (iii) The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen thousand only) with two solvent sureties in the like amount. (iv) The applicant shall not commit any criminal activity. (v) The applicant shall remain present before the learned trial Judge once in six months, till final hearing and disposal of the appeal, commencing from the date he tenders bail papers and thereafter, the trial Judge to fix dates for his subsequent appearances. (vi) In case of two consecutive defaults on the part of the applicant to remain present before the trial Court, the trial Court to inform this Court about the same and in that eventuality, the prosecution would be at liberty to file an application for cancellation of the bail granted to the applicant. (vii) Bail before the trial Court. [ ABHAY S. WAGHWASE, J. ] SMS 3 of 3